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The Bankruptcy Court -
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Local Bankruptcy Rules
Each bankruptcy district has its own set of local bankruptcy
rules peculiar to that district. Most bankruptcy judges have their
own operating procedures and preferences, often called "local-local"
rules,
The
Bankruptcy Judges The judges are arbiters of disputes, and do not issue "advisory opinions" about the bankruptcy process. They generally do not become involved in the bankruptcy process unless one of the parties, whether the debtor, the trustee, or a creditor, asks the judge to rule on a particular issue. This is a departure from practice up to the 1970's, when the referee would be much more involved in the day-to-day workings of the case, and where, due to jurisdictional constraints, decisions on major matters were often made by the U.S. District Court judges. Work Outside of the Court Most of the work in a bankruptcy case actually occurs outside of court, whether by the debtor and his counsel in preparing and filing the petition and accompanying schedules of assets and liabilities and other forms, the trustee in examining the debtor and the debtor's financial matters, or by the creditors and the United States Trustee in interacting with the debtor and his counsel. Section 341 Meetings Usually, the only time the debtor needs to physically attend any proceeding is at the meeting of creditors. These meetings, also called Section 341 meetings, are not judicial in nature, and are not held in front of a judge. They are conducted by a court-appointed trustee, who examines the debtor under oath as to the debtor's assets and liabilities and related financial matters, and tape-records the proceedings. Creditors are welcome to attend these meetings and ask questions of the debtor, but most do not avail themselves of the opportunity to do so, as there generally is little if anything new to be learned about the debtor's finances. A debtor is usually only required to appear in court before the bankruptcy judge if there is some type of complication, such as an objection to his discharge or to dischargeability of particular debts. Electronic Case Filing (ECF)
A number of efficiencies have been emerging in connection with bankruptcy
cases. Most bankruptcy petitions are now filed electronically with the Bankruptcy
Court Clerk, via Electronic Case Filing, or "ECF".
PACER
The public may access these public records through PACER,
the Public Access to Court Electronic Records, 24/7. In addition, many courts
allow bankruptcy case participants and their counsel to appear at court hearings
telephonically, saving the time and expense of driving to court. In some cases,
it is the judge who appears remotely, via video or teleconferencing. "Good Old Days"
Electronic Case Filing represent a radical departure
from the "good old days", when the debtor's attorney would
type the petition, usually 30+ pages, make 5-9 copies, drive to Court,
wait in line for the Clerk to do the intake of the documents, and
pay the filing fee by check; creditors who wanted to review the papers
would have to have someone drive to the Clerk's office to have the
paper file located and copied; and all court appearances required
personal appearance in Court, no matter how minor the matter.
Written by Henry Rendler | ![]() | ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() - Consequences - Criminal Fraud - Prosecution - Reporting Fraud ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |